house Bill H.R. 5336

Should Propaganda Entities (Like Confucius Institutes) Have to Register as Foreign Agents?

Argument in favor

Confucius Institutes are clearly an arm of the Chinese government’s Ministry of Education, and have been explicitly touted as “propaganda” by Chinese government officials. As such, they should be required to register under FARA to provide the public with transparency about their funding sources and the pro-Chinese Communist Party agenda they’re advancing.

Just common sense! Propaganda of any sort should not be allowed and groups who do spread propaganda should register and be known.

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Argument opposed

Confucius Institutes help U.S. colleges and universities diversify students’ educations with Chinese language and culture instruction that they don’t have the resources to provide on their own. They are no different from European cultural exchange institutions, and shouldn’t be required to register under FARA, since European institutions aren’t required to do so.

Where will we draw the line, then? It's all a matter of perspective here, right? What about RT, Sputnik, Fox, or CNN? Everyone's got an agenda here. This seems like it's singling out the Chinese for some reason...

What is House Bill H.R. 5336?

This bill — known as the Foreign Influence Transparency Act — would amend the Foreign Agents Registration Act (FARA) to require disclaimers on all propaganda funded by foreign governments to promote their political agenda. It’d make FARA registration mandatory for all organizations owned or controlled by a foreign source, unless their activities did not promote the political agenda of a government of a foreign country.

Additionally, universities and other institutions (like Confucius Institutes) would be required to disclose donations, contracts, or the fair market value of in-kind gifts from foreign sources if a single instance exceeds $50,000; or if the total value of all foreign donations, contracts, or gifts from a single source exceeds $250,000 in a calendar year.

Disclosure information and contents of contracts would be sent to the Secretary of Education.

Impact

Chinese instruction in the U.S.; U.S. colleges and universities; Confucius Institutes; Secretary of Education; and the Foreign Agents Registration Act.

“The goal of this legislation is to increase transparency between foreign governments, universities, and communities. The American people have the right to know if they are consuming propaganda that is being produced by a foreign government… It is critical that the language in the Foreign Agents Registration Act matches its intent, which is to disclose all persons or institutions acting on behalf of foreign governments in a political manner. With the enactment of the Foreign Influence Transparency Act, organizations like the Confucius Institute will no longer be able to use the lack of clarity in FARA to disseminate propaganda.”

Commenting specifically on this legislation’s impact on Confucius Institutes, which are funded by the Chinese government, Rep. Wilson adds:

“I appreciate and support the exchanges [with China], but there needs to be disclosure as to the elements of government involvement in these exchanges. [Confucius Institutes] don’t have to be banned, but they have to be identified so students, parents, and administrators know they are funded by a foreign political party.”

“This legislation aims to bring greater transparency to the activities of foreign governments operating in the United States. It will strengthen foreign funding disclosure requirements for colleges and universities and close loopholes in current law so that entities like Confucius Institutes, operating in more than 100 American higher education institutions… would be required to register with the Department of Justice as foreign agents of the Chinese government.”

“Confucius Institutes function as an arm of the Chinese state and are allowed to ignore academic freedom. Their academic activities are under the supervision of Hanban, a Chinese state agency which is chaired by a member of the Politburo and the vice-premier of the People’s Republic of China. Most agreements establishing Confucius Institutes feature nondisclosure clauses and unacceptable concessions to the political aims and practices of the government of China. Specifically, North American universities permit Confucius Institutes to advance a state agenda in the recruitment and control of academic staff, in the choice of curriculum, and in the restriction of debate.”

University of Chicago professor Marshall Sahlins has called Confucius Institutes “academic malware” due to their representation or illiberal views of education and academic freedom. In 2018, Politico wrote:

“Confucius Institutes teach a very particular, Beijing-approved version of Chinese culture and history: one that ignores concerns over human rights, for example, and teaches that Taiwan and Tibet indisputably belong to Mainland China.. Critics also charge that the centers have led to a climate of self-censorship on campuses that play host to them.”

“We made the decision to host a [Confucius Institute] because we believe that this partnership will allow us to expand understanding of Chinese culture very broadly—for community members and for our students… A faculty advisory committee will provide the intellectual guidance … ensuring that we are guided by principles of academic freedom.”

For its part, the Chinese government argues that Confucius Institutes are fully compliant with universities’ policies, and transparent about their operations. Gao Qing, executive director of the Confucius Institute U.S. Center in Washington, says the Confucius Institutes are essentially grant programs, and that they pose no threat to intellectual or academic freedom:

“To me, the best way to explain the Confucius Institute, it’s simply a grant program. We apply for a grant from China, from the headquarters, and that grant also provides us a partnership with a Chinese university… In terms of the intellectual freedom or academic freedom, I think that’s something that we have to always pay attention to, to make sure that these programs do not interfere with academic freedom. When we receive individuals from China, the very first day we will have orientation. The very first message we deliver is to make sure everybody understands the value of academic freedom and freedom of speech. What we’ve found here is there's no such evidence whatsoever from the very first Confucius Institute opening in the United States until today that any individual case can prove that Confucius Institutes interfered with academic freedom. This has no factual basis."

Of Note: FARA, a Nazi-era law intended to combat foreign propaganda, requires organizations and individuals engaged in lobbying or public discourse on behalf of a foreign government to register with the Department of Justice and disclose their funding and the scope of their activities. It currently contains an exemption for “bona fide academic or scholastic pursuits,” but does not clearly spell out what “bona fide” entails. Confucius Institutes, which are affiliated with a branch of the Chinese government’s Ministry of Education known as Hanban, would be affected by a definition of “bona fide academic or scholastic pursuits” that limits out foreign government-funded pursuits from FARA exemption.

Confucius Institutes on college campuses number over 500 globally, with over 100 in the U.S. at colleges such as The George Washington University, University of Michigan, and University of Iowa. There are also Confucius Classrooms in primary and secondary schools. The Chicago public school system, for example, has outsourced its entire Chinese language program to Confucius Classrooms.

“The Confucius Institute is an appealing brand for extending [Chinese] culture abroad. It has made an important contribution toward improving [China’s] soft power. The ‘Confucius’ brand has a natural attractiveness. Using the excuse of teaching Chinese language, everything looks reasonable and logical.”

AKA

Foreign Influence Transparency Act

Official Title

To amend the Foreign Agents Registration Act of 1938 to limit the exemption from the registration requirements of such Act for persons engaging in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or the fine arts to activities which do not promote the political agenda of a foreign government, to amend the Higher Education Act of 1965 to clarify the disclosures of foreign gifts by institutions, and for other purposes.

Yes, I would also love for all new organizations, domestic and foreign, to disclose their donors. While we’re at it, why don’t we create an easy and accesible platform that discloses donors for both news organizations and public officials. Transparency is an important aspect of democracy.

I’m in agreement that Confucius Institutes are clearly an arm of the Chinese government’s Ministry of Education, and have been explicitly touted as “propaganda” by Chinese government officials. As such, they should be required to register under FARA to provide the public with transparency about their funding sources and the pro-Chinese Communist Party agenda they’re advancing. 10*16*18 ..... SneakyPete .....

Where will we draw the line, then? It's all a matter of perspective here, right? What about RT, Sputnik, Fox, or CNN? Everyone's got an agenda here. This seems like it's singling out the Chinese for some reason...

There is a massive difference in recognizing an agency with direct connections to a government security apparatus, and one dedicated to cultural exchange. Organizations like this definitely are arms of a security apparatus first and a cultural exchange touch point second, and the laws should recognize that.

No, but let’s demand the registration and publication of names of those who contribute over $1,000 (combined) to any PAC or political party or political “think tank” or group, Federalist Society e.g., that advocates a political agenda. Let’s identify the real threats!

There is plenty of propaganda out there coming from both foreign and domestic sources. We have news organizations in this country that are promoting the views of the corporations that own them. Also, Fox News essentially functions as an arm of the Trump administration. We need to address our own domestic propaganda before we go after foreign propaganda.

I would support this if it didn't smell so much like another Chinese Exclusion Act. I am no fan of the PRC, but the GOP and current administration are all to eager to whip up Yellow Peril fears while ignoring malign Russian influence.